Users (as defined below) are hereby informed that the following Terms and Conditions are applicable to them by the mere use or access to any of the pages, web and mobile applications, software, and applications in general, that constitute the www.propimex.mx Site (hereinafter and collectively, the “Site”). Therefore, it will be understood that you accept and agree to comply with them. In the event that you do not agree with these Terms and Conditions, you must refrain from accessing or using the Site.
PROPIMEX, S.C. and/or its subsidiaries, parent companies, related parties, and/or affiliates (hereinafter and collectively, the “Company”) reserve the right to discretely modify the content of the Site at any time, without the need for prior notice.
The User, understood as the individual who uses or accesses the Site through computer equipment and/or any communication device (hereinafter the “User”), agrees not to use devices, software, or any other means aimed at interfering with the activities and/or operations of the Site, as well as with the databases and/or information contained therein.
1. USE AND RESTRICTIONS. The access or utilization of the Site expresses the User’s full and unconditional adherence to these Terms and Conditions. Through the Site, the User will access, contract, and/or utilize various services and content (the “Services and Content”) made available by the Company. The Company shall have the right to deny, restrict, or condition User access to the Site, in whole or in part, at its sole discretion, as well as to modify the Site’s Services and Content at any time and without prior notice. The User acknowledges that not all Services and Content are available in all geographical areas, and some Services and Content may only be used following User’s subscription, activation, or prior registration and/or payment. The Company does not guarantee the availability and continuity of the Site’s operation and Services and Content, nor the suitability of the Site or Services and Content for any specific activity, regardless of the User’s access method. The Company shall not be responsible for any damage or loss of any nature that may be caused due to the lack of availability or continuity of the Site’s operation and/or Services and Content.
The utilization of Services and Content on the Site is the sole responsibility of the User, who in all cases must use them according to the functionalities allowed on the Site itself and the uses authorized in these Terms and Conditions. Therefore, the User agrees to use them in a manner that does not contravene good manners, third-party rights, rules of use and internet coexistence, the laws of the United Mexican States, and the current legislation in the country where the User is accessing the Site and using the Services and Content. The Site is for the individual use of the User; thus, the User shall not commercially exploit the Services and Content in any way.
The User undertakes to hold harmless and indemnify the Company, its shareholders, subsidiaries, affiliates, officers, directors, employees, advisors, attorneys-in-fact, representatives, and/or any person associated with it, with respect to the use of information or documentation acquired by the User through the Site, understanding that the Company is not and will not be responsible for any use the User makes of said information or documentation, nor for the consequences generated or that may be generated as a result of its use.
2. RESTRICTIONS: The User does not have the right to place hyperlinks within the Site, to use the Site’s links, nor the right to place or use the Services and Contents on their own or third-party sites or pages without prior written authorization from the Company. The User shall not prevent any other User from using the Site or the Services and Contents.
3. INTELLECTUAL PROPERTY: Intellectual Property rights, copyright, industrial property rights regarding the Services and Contents, distinctive signs, and domains of the Pages or the Site, as well as the rights to use and exploit these, including but not limited to their disclosure, publication, reproduction, distribution, and transformation, are exclusively owned by the Company. The User does not acquire any Intellectual Property rights, copyright, and/or industrial property rights through the mere use or access of the Services and Contents of the Site, and at no time shall such use be considered as an authorization or license to use the Services and Contents for purposes other than those contemplated in these Terms and Conditions.
4. THIRD-PARTY INTELLECTUAL PROPERTY. The User acknowledges that the principles outlined in the preceding Article 3, pertaining to the ownership of the Company’s rights, are equally relevant to the rights held by third parties in relation to the Services and Content available on the Pages, domains, or information presented or linked to the Site.
5. QUALITY OF SERVICES AND CONTENT, AND THEIR WARRANTIES. Neither the Company, nor its suppliers or business partners, shall be held responsible for any damages or harm suffered by the User due to inaccuracies, queries made, typographical errors, or periodic changes or improvements made to the Services, Content, and the Site. The Services, Content, recommendations, and advice obtained through the Site are of a general nature and should not be taken into account for personal, commercial, or professional decision-making. For such purposes, the User should consult an appropriate professional who can provide advice tailored to their specific needs. The Company provides tools and materials through the Site for the preparation of the offered Services and Content. All Services and Content, including but not limited to descriptions, information, definitions, and any other resources, are strictly informational and general in nature; they do not constitute opinions or legal advice, and the Company does not guarantee their accuracy or up-to-date status.
The Company provides the Services and Content with a reasonable level of competence and diligence from a commercial standpoint; however, no warranties are provided in relation to these. The Site is provided by the Company “as is” and “as available.” The Company makes no representations or warranties of any kind, express or implied, regarding the operation of the Site, information, content, materials, services, or products included. The User expressly agrees that the use of the Site is at their own risk. The Company reserves the right to remove or delete any information from the Site at any time, at its sole discretion. Neither the Company, nor its suppliers, business partners, or distributors offer specific warranties regarding the Services and Content; the Company excludes all warranties to the extent permitted by applicable laws.
In accordance with the Terms and Conditions, the Company does not assume and will not assume any liability towards any individual arising from or related to the Services and Content, Site navigation, queries, clarifications, and/or any other form of response provided by the Company through any means of communication.
The User agrees to hold the Company, its shareholders, subsidiaries, affiliates, officers, directors, employees, advisors, agents, representatives, and/or anyone associated with it harmless from any liability that may be attributed in connection with the Site, the provision of Services and Content, or any other arising from these Terms and Conditions.
The User understands and agrees that the Company’s liability of any kind will be limited in all cases to the amount paid as consideration for the Services and Content.
6. PAYMENTS. The Company, at its sole discretion, may change the price of each of the Services and Content within the Site at any time.
Payment for the Services and Content can be made through the following payment methods:
Payments through electronic payment links: The Company, through a third party, will charge the User’s debit or credit card, with prior authorization, for the payment of Services or Content. Charges may include installment payments, one-time charges, or recurring charges. The User acknowledges and accepts that the third party reserves the right to decline a transaction for any reason, and neither the third party nor the Company will be responsible for such declined payments. When payments are made through the third party, all credit or debit card information capture is carried out on that platform and servers of the third party processor, under their own security standards. By using the Site, the User acknowledges and unreservedly accepts the Terms and Conditions, as well as the Privacy Notice of the third party, thereby releasing the Company from any liability and claims for the handling of their information.
The authorized third party is responsible for processing payments made through SPEI (electronic transfer or cash payment using the generated receipt for it), which will be reflected approximately within 24 to 48 business hours, in accordance with the third party’s payment processing measures.
MONTHLY PAYMENTS. Monthly payments are only allowed when made with a credit card and only for certain Services and Content within the Site. These payments incur a fee for the service of deferring payment.
DISCOUNT COUPONS. Discount coupons can be applied on the payment screen for Services and Content on the Site. Each coupon has specific restrictions; not all coupons are applicable to all Services and Content, not all coupons offer the same percentage or amount of discount, not all coupons apply to all payment methods, and not all have the same validity period.
7. RETURNS AND CANCELLATIONS. The User acknowledges that charges made to debit or credit cards, as well as payments made through SPEI (electronic transfer or cash payment using the generated receipt for this purpose) and/or payments through bank deposits or electronic transfers, due to the Services and Contents, shall not be subject to refund. By making such payments, the User agrees unreservedly to the Terms and Conditions and Privacy Notice of the service providers associated with these payments. To the extent permitted by applicable law, no payment made will be refundable, and no refunds or credits will be granted by the Company.
8. BILLING. Users can request the issuance of their electronic CFDI invoice (.xml and .pdf files) properly stamped in the same month as the payment for the Services and Contents. To do so, the User must send an email to the address info@propimex.mx with the billing information: (i) name, denomination, or legal name, (ii) fiscal address, (iii) Taxpayer Identification Number (RFC), (iv) email address, and (v) receipt/payment proof for the acquired Services and Contents and/or Subscription Services and Contents within the Site.
9. THIRD-PARTY GOODS AND SERVICES LINKED. The provision of information on the Site or on other linked or associated sites does not imply the recommendation, warranty, sponsorship, or approval by the Company regarding such information, goods, and/or services. The availability of goods and/or services offered by third parties or through linked or associated sites is not the responsibility of the Company. Consequently, the Company shall not be held liable before any authority of any nature for any matters related to the sale, consumption, distribution, delivery, availability, or provision of any of the goods and/or services offered by third parties or through linked or associated sites on the Site. With regard to Services and Content provided by third parties within or through links to the Site (such as links, banners, and buttons), the Company’s role is strictly limited, for the User’s convenience, to (i) informing the User about these services and (ii) providing a means to connect the User with providers or vendors. The products and/or services marketed on the Site and/or on linked third-party sites are supplied by independent merchants, and it shall not be construed under any circumstance that they are the responsibility of the Company. There is no form of employment relationship, association, or partnership between the Company and said third parties. Any advice, counsel, statement, information, and content on linked third-party pages or within the Site represent the opinions and judgments of such third party. Consequently, the Company shall not be liable for any damage or harm suffered by the User as a result of these.
10. CONFIDENTIALITY. The Company undertakes to maintain the information received from the User in a confidential manner, as required by the applicable legal provisions in the United Mexican States. The Company does not assume any obligation to keep confidential any other information provided by the User.
The Company may disclose the User’s information, as well as the Services and Contents acquired by the User, to those third parties who, by virtue of the services and products offered and acquired, need to know them in order to fully comply with the same. Likewise, the Company may disclose your information to the competent authorities in accordance with applicable legislation; any transfer of your personal data without consent will be carried out in accordance with Article 37 of the Federal Law on the Protection of Personal Data Held by Private Parties.
11. USE OF NON-CONFIDENTIAL INFORMATION. By using the Site, the User authorizes the Company, in an illustrative but not limiting manner, to use, publish, reproduce, disclose, publicly communicate, and transmit non-confidential information, in accordance with the provisions of the Federal Law on the Protection of Personal Data Held by Private Parties, the Federal Copyright Law, the Federal Law on Consumer Protection, and any other applicable Mexican legislation.
12. COOKIES: By accessing the Site, the User agrees to receive files transmitted to them by the Company’s servers. A “Cookie” is a data file that is stored on the User’s computer hard drive when they access the Site. These files may contain information such as identification provided by the User or information to track the pages the User has visited. A Cookie cannot read data or information from the User’s hard drive, nor can it read Cookies created by other sites or pages. Generally, Cookies are accepted automatically, but the User can change their browser settings at any time. If the User chooses to reject Cookies, certain sections of the Site may not function optimally or may not function at all.
13. PERSONAL DATA PRIVACY NOTICE: All information collected from the User by the Company is treated with absolute confidentiality in accordance with applicable legal provisions under Mexican law. To learn more about the protection of your personal data, please consult our Privacy Notice.
14. MODIFICATIONS: The Company reserves the right to modify the Terms and Conditions at any time, without prior notice and/or User consent. Consequently, the User must carefully read the Terms and Conditions each time they intend to use the Site. Certain Services and Content offered to Users on and/or through the Site are subject to their own specific conditions that replace, complete, and/or modify these Terms and Conditions. Therefore, the User must also carefully read the corresponding specific conditions before accessing any of the Services and Content.
15. SERVICE TERMS
Conditions for Trademark Registration: The Services and Content include the service known as Trademark Registration, which involves registering a trademark with the Mexican Institute of Industrial Property (hereinafter referred to as “IMPI”). The Trademark Registration Service is a non-instantaneous service offered by the Site. By purchasing it, the User acknowledges the steps involved in the process and accepts the dependencies that the Company has with third parties in order to provide said service. The customer is obliged to provide all the information requested by the Company within 10 business days from the payment. Failure to do so will result in the service being considered abandoned. The Company is not responsible for any impossibilities that may arise if the trademark registration is denied by the Mexican Institute of Industrial Property. The estimated delivery times for Trademark Registration Services may be affected based on the time it takes IMPI to resolve each case. For this purpose, the Company will inform the USER of the progress of the procedure and if there are any requirements, the responses are already included in the trademark registration process that was initially paid for by the USER. These responses will be sent to the customer along with the corresponding letter within a maximum of 1 month after the requirement has been addressed. In the case of external clients, they will be notified within a maximum of 1 month after receiving the letter so they have enough time to make the payment, and the Company can respond to the requirement. The User acknowledges that the estimated delivery time does not imply an obligation for the Company but is merely an informative reference.
The Company may request clarifications from the User regarding the provided information, including requesting new trademark name proposals from the User if the provided name is deemed rejectable through the feasibility examination. The User must respond to these clarifications within a maximum of 10 business days from receiving the email sent to the address used for creating their account on the Site.
If a request for Trademark Registration Service is abandoned, the request will be canceled, and the User will lose the right to receive the Trademark Registration Service, understanding that they will also lose the right to a refund. A request for trademark registration will be considered abandoned when (i) the User does not respond to the clarifications within the maximum 10 business days. The User acknowledges that the estimated delivery time does not imply an obligation for the Company but is merely an informative reference.
WORK REGISTRATION, ISBN, AND COPYRIGHT RIGHT RESERVATION SERVICES. The Services and Content include the service called Work Registration, Copyright Right Reservation, and ISBN, which entails registering with the National Copyright Institute (hereinafter referred to as “INDAUTOR”). The services provided by the Site that are not instantaneous in nature require the User to acknowledge the steps comprising the process upon acquisition and to accept the dependencies that the Company has with third parties in order to provide said service. Certificates will be issued digitally, as issued by the authority. The Company shall not be held liable for any impossibilities that may arise in the event that the work registration is denied by INDAUTOR.
INDAUTOR-related Services may experience delays in their estimated delivery times based on the time INDAUTOR takes to resolve each case. To this effect, the Company shall inform the USER of the status of the procedure, and if there should be any requirements, the response will be included in the work registration process initially paid for by the USER and will be sent to the client via email, along with the relevant response to said requirement.
The User acknowledges that the estimated delivery time does not imply an obligation for the Company but is merely an informative reference. Contracts for commissioned work, letters of collaboration, or document comparisons are not included in the service cost. Therefore, the Client is obligated to pay for these services so that the Company can carry out the contracted service.
The Company may request clarifications from the User regarding the provided information. The User must respond to these Clarifications within a maximum of 10 business days from receiving the initial email or WhatsApp contact number from the Company.
If a request for Work Registration Service is abandoned, the request will be canceled, and the User will lose the right to receive the Work Registration Service. It is understood that the right to refund or return will also be forfeited. A request for Work Registration will be considered abandoned when (i) the User does not respond to the Clarifications within the maximum 10 business days. The User acknowledges that the estimated delivery time does not imply an obligation for the Company but is merely an informative reference.
CONTRACT SERVICES. The Services and Content include the service called Contracts and/or Web Package, which involves the customization of contracts through a Zoom meeting with the Company’s attorneys to determine the client’s needs. The Company may request clarifications from the User regarding the provided information. The User must provide a response to the Clarifications within a maximum of 10 business days from the meeting or upon receiving the Company’s email or WhatsApp number; failure to do so will result in the service being considered abandoned.
If a contract service is abandoned, the User forfeits the right to receive the Contract Service or Web Package, understanding that they will also lose the right to a refund or return. The Contracts and Web Package service will be deemed abandoned when (i) the User does not respond to the Clarifications within the maximum 10 business days timeframe. The User acknowledges that the estimated delivery time does not imply an obligation for the Company but is merely an informative reference.
CONSULTATIONS. Consultations will be conducted with the Company’s attorneys, accountants, or designers as applicable, within the availability hours of the involved parties. The client is required to schedule the call and provide information within a period of 1 month starting from the payment date; failing to do so will result in the loss of service entitlement, considering it as abandoned. If the Consultation Service is abandoned, it will be canceled, and the User will lose the right to receive the Consultation Service, understanding that they will also lose the right to a refund or return.
SCHEDULING CALLS. The user will be able to schedule calls with the Company’s Team when they purchase Contract services, Web Package, or Consultations. In order to schedule the call, the user must provide complete information such as Full Name, Age, Email, Phone, Address, etc. Additionally, the user will be responsible for scheduling the call during the available hours of the Company. The user can cancel or reschedule calls with the Company’s Team with 24 hours’ notice. Rescheduling should be done directly through the email info@propimex.mx. The user will have one month to schedule, reschedule, or respond regarding the call matters. Failure to do so will result in the service being considered abandoned.
For calls with Claudia Rodríguez, the user understands and agrees that refunds will only be provided for appointments canceled with 24 hours’ notice. In case of not canceling and not attending the scheduled appointment, no refunds can be issued.
In cases where the user detects an error in the call scheduling, they should contact the email: info@propimex.mx with the subject “Error scheduling call.”
APPLICABLE LAWS AND JURISDICTION. Any dispute, difference, or claim arising from these Terms and Conditions and any amendment thereof or related to these Terms and Conditions, including, in particular, their formation, validity, enforceability, interpretation, performance, breach, or termination, as well as non-contractual claims, shall be submitted to mediation in accordance with the WIPO Mediation Rules. Mediation will take place in Mexico City. The language to be used in the mediation will be Spanish.
If any of the provisions of these Terms and Conditions are declared null, illegal, or unenforceable, the validity, legality, and applicability of the remaining provisions will remain in full force.
CONTACT. The user can contact the Company’s staff at any time for clarification, comments, questions, and/or suggestions related to the Services and Content, the Website, and/or these Terms and Conditions via email at info@propimex.mx.
Copyright © 2023 Propimex. All Rights Reserved.
Copyright © 2023 Propimex. All Right Reserved.